Project Name: Nonoro NFT
Number of Items: 2022
Presale Time: 18th January 2022, 16:00 CET
Pre-sale mint price: 0.07 ETH
Public sale mint price: 0.1 ETH
Team reserve 18
NONORO TERMS & CONDITIONS
1) I CONFIRM THAT I AM OVER 18 YEARS OLD AS OF THE PURCHASE DATE
2) I CONFIRM I AM LEGALLY PERMITTED TO PURCHASE AND/OR OWN NFTS
3) I CONFIRM CRYPTOCURRENCY OBTAINED IN CONNECTION WITH THE PURCHASE OF A Nonoro IS NOT CONNECTED TO MONEY LAUNDERING OR TERRORIST FINANCING ACTIVITIES
4) I CONFIRM I HAVE READ AND UNDERSTAND THE TERMS & CONDITIONS LOCATED HERE
5) I CONFIRM THE INFO ABOVE PROVIDED TO NonoroNFT IS COMPLETE AND ACCURATE
Nonoro is a collection of digital art Non-Fungible Tokens (“NFTs”) operating on an Ethereum network. Nonoro website is only an interface allowing participants to purchase digital collectibles. You are entirely responsible for the safety and management of your private cryptocurrency/digital asset wallets and validating all transactions and contracts generated by this website prior to purchase. Furthermore, as the Nonoro smart contract operates on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.
Nonoro website and its connected services are provided “as is” and “as available” without warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions involving Nonoro digital collectibles.
These terms and conditions constitute a legally binding agreement (the “Agreement”) between you (also referred to here in as “your”) and NonoroNFT (“NONORO” and “we” or “us”), governing your ownership of a Nonoro as part of the Nonoro NFT Collection (the “Collection”).
By entering into this Agreement and by you participating in the Collection you expressly acknowledge that you understand this Agreement and accept all of its terms. YOU MAY NOT PARTICIPATE IN THE COLLECTION IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
“Art” means any art, graphics, images, designs, logos, taglines, and drawings that may be associated with a Nonoro you own.
“Equivalent” means the value, in US Dollars, of the market value of the relevant amount of cryptocurrency on the day of the transaction.
“Name and Likeness” means name, nicknames, images, likenesses, marks, copyrights, trademarks, trade dress colors, trade dress designs, and/or all other intellectual property of Nonoro.
“Third Party IP” means any third-party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how, or any other intellectual property rights recognized in any country or jurisdiction in the world.
2) Ownership. You Own the NFT. When you purchase a Nonoro NFT, you own the underlying Nonoro Art. Ownership of the Nonoro NFT is mediated entirely by a smart contract and the Ethereum network: at no point may we seize, freeze, or otherwise modify the ownership of any Nonoro NFT.
- Personal Use. Subject to your continued compliance with these Terms, we grant you permission to use, copy, and display the owned Art, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Nonoro NFT, provided that the marketplace cryptographically verifies each Nonoro NFT owner’s right to display the Art of the Nonoro NFT; or (iii) as part of a third-party website or application that permits the inclusion, involvement, or participation of your Nonoro NFT, provided that the website/application cryptographically verifies each Nonoro NFT licensee’s rights to display the Art of the Nonoro NFT and provided the Art is no longer visible once the owner of the Nonoro NFT leaves the website/application.
- Commercial Use. Subject to your continued compliance with these Terms, we may grant you a worldwide, non-exclusive, non-transferable license to use the Art and/or the Name and Likeness to use, copy, or display the purchased Art for the purpose of creating derivative works based upon the Art (“Commercial Use”). Examples of such Commercial Use could be producing and selling merchandise or displaying copies of the Art. For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a venue that permits the display of Nonoro NFT generally, provided that the venue cryptographically verifies each Nonoro NFT licensee’s rights to display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of Nonoro NFT generally, provided that the third-party website or application cryptographically verifies each Nonoro NFT licensee’s rights to display the Art of the Nonoro NFT and provided that the Art is no longer visible once the owner of the Nonoro NFT leaves the website/application. A Commercial Use license will be considered invalid without our express prior written consent. We, on behalf and for the benefit of the Nonoro NFT Treasury, retain the right to collect a 20% royalty fee on net profits of any Commercial Use license granted.
3) Transfers. You have the limited right to transfer your Nonoro NFT, provided that (i) the transferee accepts all of the terms of this Agreement; (ii) NONORO is paid seven percent (6%) of the gross amounts paid by such party relating to the Nonoro NFT, including but not limited to any transfer price and any other related compensation and such payment shall be paid on the same terms and at the same time as you are paid; (iii) You have not prior to the transfer breached this Agreement; and (iv) the party purchasing the Nonoro NFT provides NONORO with a valid e-mail address. You acknowledge and agree that the foregoing amounts payable to us under Section 3(b)(ii) hereof do not include, and are not intended to cover, any additional fees imposed or required by the platform through which you are transferring the Nonoro NFT.
4) Restrictions. You agree that you may not permit any third party to do or attempt to do any of the following without express our prior written consent in each case: (i) modify the Nonoro NFT, Name and Likeness, or Art in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (ii) use the Nonoro NFT, Name and Likeness, or Art to advertise, market, or sell any product or service; (iii) use the Nonoro NFT, Name and Likeness, or Art in connection with images, videos, or other forms of media that depict violence, cruelty, or anything that could reasonably be found to constitute hate speech, drugs (including, without limitation, both prescription and non-prescription) or other supplements, death, pornography or other “adult only” or sexually explicit activities, massage parlors, prostitution or any dating or escort activities, weapons or ammunition, denigration or discrimination against individuals based on race, national origin, gender, religion, disability, ethnicity, sexual orientation, gender identity or age, medical conditions and/or political campaigns or causes; (iv) use the Nonoro NFT, Name and Likeness, or Art in movies, videos, or any other forms of media, except solely for your own personal, non-commercial use; (v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Nonoro NFT, Name and Likeness, or Art; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Nonoro NFT, Name and Likeness, or Art; or (vii) otherwise utilize the Art of your Nonoro NFT for your or any third party’s commercial benefit without the express written consent of NONORO.
To the extent the Nonoro NFT, Name and Likeness, or Art contains Third Party IP you understand and agree as follows: (i) that you will not have the right to use such Third Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; (ii) that, depending on the nature of the license granted from the owner of the Third Party IP, we may need to pass through additional terms and/or restrictions on your ability to use the Art; and (iii) to the extent that we inform you of such additional restrictions in writing, you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of this Agreement.
We reserve all rights related to the Art and Name and Likeness, including but not limited to copyright and trademark, associated with Nonoro NFT™, renaisanceshiva™, SaraEntezami1™, EliasShahiii™, Nonoro™, 2D/3D Nonoro NFT™, and 3D Nonoro NFT™.
The restrictions in Section 4 will survive the expiration or termination of this Agreement.
5) Termination of the License. The Licensed Rights granted to you hereunder shall automatically terminate and all rights shall return to us if: (i) at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Nonoro NFT for any reason except as specifically provided in section 3 of this Agreement; (ii) you breach any of the Agreement and conditions; (iii) you have a trustee, receiver or similar party appointed for your property, become insolvent, acknowledge your insolvency in any manner, make an assignment for the benefit of your creditors, or file a petition of bankruptcy; (iv) you engage in any unlawful business practice related to the Nonoro NFT; (iv) you initiate any legal actions, except an arbitration as specifically provided herein, against any of NONORO and/or its officers, directors, affiliates, agents, attorneys, and employees.
6) DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY. ALL Nonoro NFT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL NONORO BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY NFT, INCLUDING BUT NOT LIMITED TO THE Nonoro NFT, THE MINT, ANY TECHNOLOGY AND/OR PARTIES RELATED TO THE MINT, INCLUDING BUT NOT LIMITED TO BLOCKCHAIN, CRYPTOCURRENCY, OR CRYPTOCURRENCY/DIGITAL ASSET WALLET. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONORO’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED TEN PERCENT (10%) OF THE TOTAL SUM PAID DIRECTLY BY YOU TO NONORO FOR THE APPLICABLE Nonoro NFT. YOU ACCEPT THE INHERENT CYBERSECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
7) Assumption Of Risk. As noted above, Nonoro NFT are made available solely for entertainment purposes. You agree that you assume the following risks: 1) To the extent there is a price or market for a blockchain asset such as an NFT, such markets and prices are extremely volatile, and variations in the price of other digital assets could materially and adversely affect the value of any digital asset(s) you own, including your Nonoro NFT, and there is no guarantee that your Nonoro NFT will have or retain any value; 2) the commercial or market value on a Nonoro NFT that you purchase may materially diminish in value as a result of a variety of things such as negative publicity; 3) there are risks associated with dealing in digital assets (e.g., non-fungible tokens, cryptocurrencies, etc.) including, but not limited to, the risk of hardware, software, or internet connection failures, the risk of malicious software, and the risk that third parties may obtain unauthorized access to data stored within your digital asset wallet or elsewhere, and we will not be responsible for any of these, however caused; 4) we do not promise or guarantee the availability of Nonoro NFT or the Art on the internet or that anyone will host a Nonoro NFT or the Art at any specific location and/or for any specific period of time; 5) upgrades to the Ethereum network, a hard fork or other change in the Ethereum network, a failure or cessation of Ethereum, or a change in how transactions are confirmed on the Ethereum network may have unintended, adverse effects on all blockchains using such technologies, including and without limitation to Nonoro NFT; 6) we do not make any promises or guarantees related to the mint and each of its applications and/or services, including but not limited to the continued availability of either and/or the protection and/or storage of any data you provide to those parties; 7) the risk of losing access to the Nonoro NFT due to loss of private key(s), custodial error or purchaser error; 8) the risk of mining attacks; 9) the risk of hacking, security weaknesses, fraud, counterfeiting, cyber attacks and other technological difficulties; 10) the risk of a new regulatory regime governing blockchain technologies, cryptocurrencies, tokens, and/or new regulations, and/or unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of the Nonoro NFT; 11) the risks related to taxation; 12) that NFTs are not legal tender and are not back by any government; and 13) we are not responsible for any transaction between you and a third party (e.g., your transfer of a NFT from a third party on any secondary market), and we shall have no liability in connection with any such transaction. In addition to assuming all of the above risks, you acknowledge that you have obtained sufficient information to make an informed decision to purchase the Nonoro NFT and that you understand and agree that you are solely responsible for determining the nature, potential value (if any), suitability, and appropriateness of these risks for yourself. We cannot and do not represent or warrant that any Nonoro NFT, or its supporting systems or technology, is reliable, current or error-free, meets your requirements, or that defects in the Nonoro NFT, or its supporting systems or technology, will be corrected. We cannot and do not represent or warrant that the Nonoro NFT or the delivery mechanism for it are free of viruses or other harmful components. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience related to the mint.
8) Governing Law. This Agreement and all matters related to it and/or any Nonoro NFT shall be governed by, construed, and enforced in accordance with the laws of the State of Budapest, as they are applied to agreements entered into and to be performed entirely within Budapest and without regard to conflict of law principles, except to the extent that law is inconsistent with or preempted by federal law.
9) Changes to this Agreement. We may make changes to this Agreement from time to time. When we make such changes, we will identify the “Last Updated” date at the end of the Agreement accordingly. Any changes to this Agreement will apply on the date that they are made and, by way of example, your continued access to or use of the Nonoro NFT Art after the Agreement has been updated will constitute your binding acceptance of the updates.
10) Eligibility. (a) Participation in the Nonoro NFT Collection is open to you only if you have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein and are using currency you are the lawful holder thereof. It is not available to you if prohibited by law in the jurisdiction in which you reside and you agree that you are the sole authorized user. (b) By becoming a User, you represent and warrant that you are at least 18 years old.
11) Indemnity. You will defend, indemnify, and hold NONORO, including each of their respective affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your license, sale or possession of a Nonoro NFT and/or your participation in the Collection, including: 1) your breach of this Agreement or the documents it incorporates by reference; 2) your violation of any law or the rights of a third party as a result of your own interaction with such third party; 3) any allegation that any materials that you submit to us or transmit in the course of the auction, communications seeking NONORO’s consent to activities or otherwise, infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or 4) any other activities in connection with the Collection or a Nonoro NFT. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
12) Version. If you are provided a translation of this Agreement, the original version in English will be used in deciding any issues or disputes which arise under this Agreement.
13) Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
14) Contact Us. If you have any questions or concerns, including if you need to access this Agreement in an alternative format, we encourage you to contact us